In this blog/video we discuss how to navigate the Conveyancing Process in Queensland: A Quick Guide for Real Estate Agents!

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Hi everybody - George Sourris, Empire Legal.

Today's topic: Navigating the Conveyancing Process in QLD: A Quick Guide for Real Estate Agents.

As a real estate agent, you're often the first point of contact for clients navigating the complex world of property transactions. While conveyancers handle the legalities, there's a lot you can do to ensure a smooth process and strengthen your relationship with clients. Here's a quick guide to help agents better understand the conveyancing process in Queensland and how you can add extra value along the way.

Hey guys, George Sourris, Empire Legal. I'm shooting today from the old windmill at Spring Hill, founded in  1828. Pretty old.  200 years. Anyway, let's jump into it. Four points today. 

Number 1 - your role as an agent. As the agent, you're the glue between the buyer and the seller and the conveyancers. You play a critical role in guiding your clients through the various stages of the property transaction, ensuring timelines are met and that everyone's expectations are managed. For example, when it comes to settlement dates, it's important to keep a close eye on timing.

Missing a deadline, even by one minute, means a deal can be at risk and fall over and terminate. In Queensland, the standard settlement period is typically 30 days from the contract date, but this can vary depending on the buyer and seller's circumstances. You'll want to check in with a conveyancer to ensure that everything, from the finance approval to the pre-settlement inspection, is on track for settlement. Or, if you pick a good conveyancing team, they'll let you know. ;) 

Number 2 - common conveyancing pitfalls to avoid. While conveyancers are responsible for the legal side of the transaction, as an agent you should be aware of the potential issues that could cause delays or complications in the process. Being proactive here can save you and your clients a lot of stress and of course your conveyancing friends stress as well.

One of the most common issues is title defects. Problems with a property title can cause significant delays in settlement. Issues like a caveat on title or an easement, for example, a sewer main traversing underneath the property, will slow down the progression of the conveyance or even allow the buyers to terminate and crash the deal.

That's why it's essential to work closely with the conveyancer to conduct thorough title searches and ensure that there are no lingering encumbrances on the property. Transparency is the key here, which will be inevitable when the new Seller's Disclosure laws, starting 1st of August 2025 kick in. If you haven't heard much about them and want to know more, here is the link to the blog to the piece we have done explaining this.

Another common issue is contract errors. It's easy to overlook small details in a contract, missing things like inclusions, incorrect property descriptions, or unclear conditions can create headaches down the line. Encourage your clients to carefully review the contract with their conveyancer BEFORE they sign.

It's also important that everyone understands their rights and obligations, including deposit payments, due dates, and any conditions attached to the sale.

If the contract is not clear or if any issues arise during the process, your conveyancer can help clarify or correct the situation. The earlier you spot potential issues, the easier it will be to resolve them without delays or confusion for your clients.  

Number 3 - how to work with your conveyancer. Effective communication with your conveyancer is crucial to ensuring a smooth transaction. A good conveyancer will not only take care of the legal work, but also keep you and your clients updated throughout the process. Here's how you can best work with them to keep things moving forward efficiently:

Stay proactive about deadlines. Conveyancers will handle the legal aspect, but you should be mindful of the key dates such as the settlement date, inspection dates and the cooling-off periods. Touch base with the conveyancer regularly to ensure everything is on track.

If there's a last minute change, like a buyer needing more time for inspections or a seller requesting an early settlement, having a conveyancer who is responsive will make all the difference. 

Handle disputes early. If any issues arise during the conveyancing process, like disputes over property condition or contractual terms, your conveyancer can step in to help resolve these issues. Be sure to notify them of any concerns immediately so they can find a solution. Sometimes it's a simple misunderstanding, but other times it could require renegotiation of terms or even extending settlement deadlines. By acting quickly, you can avoid last minute surprises and keep everything moving forward.

Be clear with your clients about timelines and responsibilities. Often clients will look to you for guidance on what happens next. Help set realistic expectations about what a conveyancer is doing and what steps they'll need to take next. For instance, let buyers know they'll need to complete their finance approval and let sellers know they'll need to make sure they notify the bank to release the mortgage with a discharge authority and apply for ATO Clearance Certificates, ASAP. 

A deal can only be as good as the conveyancer behind it. A bad one will not only ruin the client's experience, but also the agent's. Pick a trusted, reputable firm. The key issues that always arise is a lack of communication. Pick a team that answers the phone and responds to emails. As an agent, the last thing you want is not to be able to get onto the conveyancer when there is a problem with the deal. By the way, we respond to emails and we answer our phones.  

Number 4 - how to help your clients prepare for settlement. Settlement day can be a bit of a whirlwind, but as an agent, you can help to make sure everything goes smoothly, or at least as smoothly as possible.

Before settlement, make sure a pre-settlement inspection is booked and completed by the buyer. It's their opportunity to check the property is in the as agreed upon condition, with no unexpected changes since they last saw it. If there are issues, like the seller hasn't cleared out the property or repairs haven't been completed as agreed, this will need to be addressed ASAP via the solicitors. 

For sellers, ensure they've tidied up the property, removed all items, and their bank is ready to go. On settlement day, when a conveyancer completes the legal transfer of ownership, it's time for the buyer to take possession. This is when you arrange for collection of keys and officially take over the property and settlement occurs. 

Conclusion.

Okay, so navigating the conveyancing process in Queensland doesn't have to be overwhelming or stressful. The best in the business actually make it fun and an enjoyable experience.  By staying informed, communicating effectively with the other parties in the transaction, and keeping a close eye on the key dates and the potential issues, you can ensure a client's transaction goes smoothly.

By acting as a proactive partner throughout the process, you'll not only improve your client's experience, but also strengthen your own brand and reputation as a trusted advisor. If you ever need help or have any questions about the conveyancing process, please don't hesitate to reach out. We are always actively looking for real estate agents to work alongside to help clients have Queensland's best conveyancing experience.

You can reach out to me at any time, george@empirelegal.com.au. I want to hear from you and I look forward to hearing from you. Alright guys, like, subscribe and share. We've hit 600 YouTube followers. We're 60% of the way of our big goal to 1,000. 

Also, please, I really do want you to email me if you have a topic you want us to create. We can write it and share it with the audience - george@empirelegal.com.au.

20 days until Christmas. If you're consuming this content on the release date, hang in there. It's almost Christmas time.

Well deserved break approaching.

Chat soon. 

If you have any questions, you can email me: george@empirelegal.com.au. 

If this has added value, please share this blog / the YouTube video with a friend. 

Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.